DA: OFFICERS FIRED IN SELF-DEFENSE

District attorney finds police actions were in self-defense against violent crime suspect

Three San Diego police officers who shot and killed a man suspected of a violent crime spree last fall that stretched from Escondido to Chula Vista opened fire in self-defense, the District Attorney’s Office has found.

The trio was returning gunfire initiated by Philip Hernandez, 40, on a Barrio Logan street on Oct. 31.

Authorities had been looking for Hernandez, who had emerged as the primary suspect in a series of shootings, robberies and arsons committed by a man wearing fake police gear.

His crimes began on Oct. 29 and included shooting a man in Hillcrest and later firing on an off-duty San Diego police officer at an ATM in Escondido.

Authorities said he also set three vehicles on fire in San Diego and Chula Vista, and robbed pedestrians. During some of the crimes, a woman was with him.

District Attorney Bonnie Dumanis issued a letter on April 19 to Police Chief Bill Lansdowne laying out her findings. The District Attorney’s Office made the letter public on Monday at the request of U-T San Diego.

According to the letter, Hernandez fired a high-powered M1A rifle 13 times during the Oct. 31 shootout with police on Harbor Drive. Six bullets hit the patrol car of an officer pinned inside.

“Mr. Hernandez’s actions caused the officers to reasonably fear for their safety and left them no other choice but to return fire in an effort to protect themselves and each other,” the letter said.

Police had been searching for Hernandez when Sgt. Scott Bartolomei spotted him driving a white van on National Avenue about 9:30 p.m. on Oct. 31.

According to Dumanis’ letter, Bartolomei started following the van and radioed for backup. Officer Alex Hesselgesser and Officer Nicholas Link responded to help.

None of the officers tried to pull over the van, but it suddenly stopped. Hernandez got out from the driver’s seat and opened fire, the letter said.

Bartolomei told investigators he saw the muzzle flashes, heard the shots overhead and could see the bullets hitting the windshield of Link’s patrol car.

Link was pinned inside the car. He told investigators he had ducked down but could hear the sound of gunshots and of bullets ricocheting off the hood and windshield. He could feel pieces of glass, plastic or shrapnel hitting his arm.

Bartolomei and Link returned fire.

Hesselgesser arrived during the shootout. Using a police-issued shotgun, he fired four times at Hernandez, striking and killing him, the letter said.

Next to Hernandez’s body, police found the rifle and a loaded .45-caliber semiautomatic handgun.

Hernandez’s 18-year-old wife, Cindy Altamirano Garcia, was arrested at the shooting scene. She remains jailed in lieu of $1 million bail. Her trial for her suspected role in the crime spree is set for October.

The three officers returned to full duties within 10 days of the shootout, police Detective Gary Hassen said Monday.